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S. M. SUBRAMANIAM
P. M. K. Moorthy – Appellant
Versus
State of Tamil Nadu represented by its Secretary to Government, School Education Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records of the third respondent in Na.Ka.No.674/A4/2014 dated 28.03.2014 and quash the same and thereby direct the third respondent to reinitiate the petitioner as a Post Graduate Teacher with all pay, all the back wages, arrears of salary and attended benefits etc.)
The order impugned issued by the third respondent dated 28.03.2014, ousting the services of the writ petitioner, is under challenge in the present writ petition.
2. The petitioner was appointed as Post Graduate Assistant Teacher for Accountancy and Commerce by the Parent Teachers Association.
3. The learned counsel for the petitioner made a submission that the petitioner continued in service for about 5 years and terminated from service on 19.12.2012.
4. Admittedly, the petitioner was not appointed in accordance with the Recruitment Rules in force and he was appointed by the Parent Teachers Association and his salary was paid from the funds maintained by the Parent Teachers Association. Therefore, the petitioner was not appointed by the Competent Autho
Appointment to the post of Post Graduate Assistant is to be made in accordance with the Recruitment Rules in force, and appointments by entities other than the Competent Authorities of the Education ....
The petitioner was not entitled to regularization of service from 01.01.2006 onwards due to government policy and lack of compliance with minimum service period for pension eligibility.
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
Writ petition rendered infructuous by petitioner's resignation post-filing.
The court emphasized the necessity of adhering to prior court directives in appointment approvals, particularly considering the timing of the petitioner's appointment relative to the surplus teacher ....
The court establishes the responsibility of administrative authorities to consider appointment proposals under the Grant in Aid Scheme timely.
A Writ of Mandamus is issued directing government authorities to consider and pass orders on a pending proposal for official approval of an appointment in an aided school within a stipulated time fra....
The court emphasized the need for a detailed enquiry into the appointment of the petitioners and highlighted the importance of compliance with rules for salary release and eligibility determination.
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